Notice to organization — invitation to negotiate
715.33 (1) If the prosecutor wishes to negotiate a remediation agreement, they must give the organization written notice of the offer to enter into negotiations and the notice must include
(a) a summary description of the offence to which the agreement would apply;
(b) an indication of the voluntary nature of the negotiation process;
(c) an indication of the legal effects of the agreement;
(d) an indication that, by agreeing to the terms of this notice, the organization explicitly waives the inclusion of the negotiation period and the period during which the agreement is in force in any assessment of the reasonableness of the delay between the day on which the charge is laid and the end of trial;
(e) an indication that negotiations must be carried out in good faith and that the organization must provide all information requested by the prosecutor that the organization is aware of or can obtain through reasonable efforts, including information enabling the identification of any person involved in the act or omission that forms the basis of the offence or any wrongdoing related to that act or omission;
(f) an indication of how the information disclosed by the organization during the negotiations may be used, subject to subsection (2);
(g) a warning that knowingly making false or misleading statements or knowingly providing false or misleading information during the negotiations may lead to the recommencement of proceedings or prosecution for obstruction of justice;
(h) an indication that either party may withdraw from the negotiations by providing written notice to the other party;
(i) an indication that reasonable efforts must be made by both parties to identify any victim as soon as practicable; and
(j) a deadline to accept the offer to negotiate according to the terms of the notice.
Admissions not admissible in evidence
(2) No admission, confession or statement accepting responsibility for a given act or omission made by the organization during the negotiations is admissible in evidence against that organization in any civil or criminal proceedings related to that act or omission, except those contained in the statement of facts or admission of responsibility referred to in paragraphs 715.34(1)(a) and (b), if the parties reach an agreement and it is approved by the court.
Annotations
- Part XXII.1